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DrewRT
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re: Patent reform act of 2011 will deter innovation and send jobs overseas
DrewRT   9/13/2011 9:35:13 PM
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It is not complicated. The constitution states "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." It does not say first to apply. In the few cases that it maters, it is also very important. If somebody where to patent the idea of another, the new law states the force of law will be on the side of the thief. Theft of ideas is very hard to prove, so why not steal. The US in the past has been the stop to this misbehavior, not any more. Steal all you want, now it is legal. Maybe you need to have the experience to understand.

RandyG
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re: Patent reform act of 2011 will deter innovation and send jobs overseas
RandyG   4/11/2011 8:54:16 PM
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Cont'd: Not only that, but out of about several thousand applications filed last year, only about 10 or 11 applications made use of Interference Proceedings, where an applicant gets to prove a date of invention that is earlier than his filing date. Of those proceedings, the independent inventor won only once, I believe. So, switching to a first to file system would have hurt only one (1) independent inventor. Big corporations usually win in either: a first to invent system (the U.S.); or, in a first to file system (everywhere else). It makes no difference either way; a big corporation wins regardless because they will always have more resources (legal, technical, etc.) than an individual does. The article overlooks the fact that changing to a first to file system would eliminate a need for time consuming Interference hearings at the USPTO, which would free up government personnel to do other things, like eliminate the backlog. The government has spent a lot of time researching and accessing the potential impact that these proposed rule changes will have on the economy; if these newly proposed rules were likely to hurt the economy, then they would have not been proposed in the first place. Give the government a break, it is not run by idiots.

RandyG
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re: Patent reform act of 2011 will deter innovation and send jobs overseas
RandyG   4/11/2011 8:54:04 PM
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I've already said this in a reply to someone's comment, but I will repeat it here in case you missed it: The author of this article seems to imply that small inventors will somehow be disadvantaged by the proposed changes to the laws, but his worst case scenarios as to what might happen seem to be based on his own opinions, not on any type of study, scientific or otherwise. This article is designed to appeal to your emotions instead of your intellect. For example, he asserts that if the U.S. changes to a "first to file" system, then that will create a rush to the patent office, which will produce lower quality applications, and ultimately hurt small inventors. However, studies by the USPTO did not find that countries with a first to file system had lower quality applications than the U.S. did.

RandyG
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re: Patent reform act of 2011 will deter innovation and send jobs overseas
RandyG   4/11/2011 8:49:40 PM
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The author seems to imply that small inventors will somehow be disadvantaged by the proposed changes to the laws, but his worst case scenarios as to what might happen are biased on his own opinions, it seems, not on any type of study, scientific or otherwise. This article is designed to appeal to your emotions instead of your intellect. For example, he asserts that if the U.S. changes to a "first to file" system, then that will create a rush to the patent office, which will produce lower quality applications, and ultimately hurt small inventors. However, studies by the USPTO did not find that countries with a first to file system had lower quality applications than the U.S. did. Not only that, but out of about several thousand applications filed last year, only about 10 or 11 applications made use of Interference Proceedings, where an applicant gets to prove a date of invention that is earlier than his filing date. Of those proceedings, the independent inventor won only once, I believe. So, switching to a first to file system would have hurt only one (1) independent inventor. Big corporations usually win in either: a first to invent system (the U.S.); or, in a first to file system (everywhere else). It makes no difference either way; a big corporation wins regardless because they will always have more resources (legal, technical, etc.) than an individual does. The article overlooks the fact that changing to a first to file system would eliminate a need for time consuming Interferences hearings at the USPTO, which would free up government personnel to do other things, like eliminate the backlog. The government has spent a lot of time researching and accessing the potential impact that these proposed rule changes will have on the economy; if these newly proposed rules were likely to hurt the economy, then they would have not been proposed in the first place. Give the government a break, it is not run by idiots.

Etmax
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re: Patent reform act of 2011 will deter innovation and send jobs overseas
Etmax   3/10/2011 1:11:43 AM
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You're right, most real and worthwhile patents come from small companies and sole inventors. Most of the patents from the larger inventors are designed to exclude other players from the market by being overly broad.

fred b
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re: Patent reform act of 2011 will deter innovation and send jobs overseas
fred b   3/9/2011 3:41:34 PM
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Here we go again. The United States has one of the best patent systems as people all over the world come here to register their patents . A patent was created so that somebody could invent something patent it, then licesence it or sell it and have a gain. NOW big business wants to hire there corrupt politicians to pass a bill the forbids a small inventor from going thru the system and after even suing getting paid . Well you politicians have sold out every industry in the USA , we manufacture less and less here . We were hopeful to have a thriving IP , Patent system in the United States but we can now count on our politicians selling that out too . We are done with no chance if a patent bill gets passed that takes away the patent from the small inventor , which is what this patent bill does . The real word starts with an "F" . Our politicians suck .

Axel_5
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re: Patent reform act of 2011 will deter innovation and send jobs overseas
Axel_5   3/8/2011 2:35:27 PM
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"Patents are critical to encouraging innovation by enabling inventors to keep the fruits of their labor." I would question that statement and thus the resulting consequences. For example looking at the mobile phone industry today it simply stops new companies from entering into the market. Practically it only enables the companies big enough to set the standards to keep competition out and prices up. And the fairytale that jobs are created is just as stupid. These companies produce in China, protected by American Patents.

labnet
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re: Patent reform act of 2011 will deter innovation and send jobs overseas
labnet   3/8/2011 1:39:02 AM
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Even better, make it very expensive to hold too many patents. eg x = v * n(n+1)/2 where v = the base patent cost. Lets say v = $100 1 Patent = $100/annum to maintain 2 Patents = $300/annum to maintain 10 Patents = $5.5k/annum to maintain 100 Patents = $500k/annum to maintain 1000 Patents = $50M/annum to maintain This would force very large companies / trolls to only keep their best patents and toss out the dross polluting the patent system. You would need rules to stop companies spawning sub related companies to get around the intent.

Etmax
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re: Patent reform act of 2011 will deter innovation and send jobs overseas
Etmax   3/7/2011 2:16:13 AM
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I like the idea of it being size related, and I strongly support your view that you must actively use a patent to keep it. There should be a grace period for development of product, but essentially you are correct. The only thing I would say is that unintentional infringement should only not be punishable if reasonable steps are taken to desist. You probably meant that but it's unclear. And yes, scrap damned obvious patents which would account for 90% of them. Finally, I'm sure you agree that patenting DNA sequences that occur naturally should not be allowed (prior art :-) )

labnet
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re: Patent reform act of 2011 will deter innovation and send jobs overseas
labnet   3/6/2011 10:25:02 PM
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Patents were originally conceived to bring proprietary information to the public realm and protect sole inventors having their ideas stolen by corporations. The opposite now happens, because corporations file patents like confetti. Companies now specialize in buying pools of patents, not to develop technology or better society, but to sue anyone who may happen onto the broad ideas expressed in those patents. I strongly believe:- patent owners must be commercially utilizing their patent to keep it: patent application / renewal fees be based on the size of the entity: software and business process should not be patentable (ie 1 click): patent submarining / trolling be illegal : accidental infringement be non punishable : the bar for novelty to receive a patent be way higher than it is now.

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